SDCL § 32-33-1.1: Arrest or summons on probable cause at accident scene.

A law enforcement officer arriving at the scene of a traffic accident may, based on probable cause, arrest or issue a summons to any person believed to have caused the accident by violating a criminal provision of this title. Any person assigned by a law enforcement agency to investigate traffic accidents may, based on probable cause, issue a summons to any person believed to have caused the accident by violating a criminal provision of this title.